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Social or highly competitive Europe? EU law solution to Conflict of Social security and competition Law

100%
Šmejkal V.
The Lawyer Quarterly
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2016
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vol. 6
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issue 1
18-27
EN
Since 1990s when liberalization and deregulation processes first opened the social security field to market forces, the EU competition law has had to cope with the situations of clash between values of social welfare and free competition. In the post-crisis period the European Union wants and needs to be more socially responsive, as the strengthening of social justice and social rights, the fight against poverty and social exclusion has become the key to political legitimacy of the European integration as well as of its Member States. A question hence arises how the call for a more social EU would cohabit with the free and undistorted competition. The paper tries to remedy on the fact that the EU so far has no accepted methodology of how to integrate public policy considerations in competition decisions. After sketching out such a methodology based on the CJEU’s pre-Lisbon case law, the present analysis deals with the post-Lisbon developments inquiring whether the CJEU is paying now more consideration to social security measures.
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Anna Piszcz and Adam Jasser (eds.), Legislation Covering Business-to-business Unfair Trading Practices in the Food Supply Chain in Central and Eastern European Countries, University of Warsaw, Faculty of Management Press 2019, 278 p.

100%
Šmejkal V.
Yearbook of Antitrust and Regulatory Studies
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2019
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vol. 12
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issue 20
279-282
3

EU as a Highly Competitive Social Market Economy –Goal, Options, and Reality

63%
Šmejkal V., Šaroch S.
Review of Economic Perspectives
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2014
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vol. 14
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issue 4
393-410
EN
In paragraph 3 of its Article 3, the Treaty on European Union (TEU) requires the EU to go after the goal of a highly competitive social market economy for the first time. It is noticeable in the aforementioned Treaty clause that although it deals with the EU internal market, its authors burdened it with a mission that is far more socially-oriented than market-oriented. However, is „a highly competitive social market econo-my“ of today a meaningful goal and does the EU in its present form have the project and powers to achieve such an objective? The paper is a combination of economic and legal -political analysis through which the authors try to answer three main questions: What is the contemporary meaning of the term “social market economy” in the both economic and EU-law academic theory? Can the EU within the powers conferred to it positively fulfill such an objective, or can it just approach it by weakening the still pre-vailing tendency towards liberalization and deregulation brought about by the construc-tion of the EU internal market and by the promotion of its freedoms?
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